A.K. Shrivastava, J.

1. This is Defendants Second Appeal having lost from First Appellate Court since that Court has decreed the suit of Plaintiff for restoration of possession and injunction.

2. No exhaustive statement of facts are required to be narrated for the disposal of this Second Appeal. Suffice it to say that a suit for restoration of possession and injunction has been filed by Plaintiff/Respondent on the averments that the suit property is part of the land which he bought from Deen Dayal.

3. The case of Defendant in his written statement is that the suit property is part of the land which he purchased from Sudhir Shrivastava.

4. An application under Order XXVI, Rule 9 was filed by Defendant in the learned trial Court on 12-5-2008 to get the land in question demarcated by appointing a suitable Commissioner. This application of Defendant/Appellant has been rejected by learned trial Court on 7-8-2008. The learned trial Court after framing necessary issues dismissed the suit of Plaintiff. The First Appeal which was filed by him has been allowed by the impugned judgment and decree.

5. In this manner the Second Appeal has been filed by the Defendant/ Appellant.

6. The appeal has